Rep. Leger Fernandez: 'Our beautiful home is not a de facto dumping ground for nuclear waste'

May 9, 2023

WASHINGTON – Today, the U.S. Nuclear Regulatory Commission announced that it has issued a license to Holtec International to construct and operate a consolidated interim storage facility in Lea County, New Mexico.

If constructed, the NRC license authorizes the facility to store up to 8,680 metric tons of commercially spent nuclear fuel for a 40-year term. Congresswoman Teresa Leger Fernández reiterated her opposition to creating a temporary nuclear storage facility when there are no permanent nuclear storage facilities available. 

“Nuevo Mexicanos are no strangers to environmental injustices, especially those related to nuclear testing and waste. I oppose the granting of a “temporary” storage facility when there are no permanent sites available. This license makes New Mexico a permanent sacrifice zone. Our beautiful home should not be a dumping ground for nuclear waste. We have a responsibility to protect our communities, environment, and industries,” said Leger Fernández. 

Background: 

Last year, Congresswoman Leger Fernández alongside August Plfugger (R-Texas) and Senators Heinrich (D.N.M.) and Ted Cruz (R-Texas)introduced bipartisan, bicameral legislation to prevent private interim nuclear waste storage sites like the proposed Holtec facility from becoming de facto permanent nuclear waste storage facilities. Both New Mexico and Texas have objected to the placement of these storage facilities in their states.

The legislation prohibited the use of federal funds from being used to carry out any activities at private interim storage sites. Private storage companies can stand to receive hundreds of millions of dollars in additional cash flow through nuclear waste payments from the federal Judgement Fund. The legislation prohibited private facilities from receiving those payments and requires the prohibition to remain in place until a permanent repository is available to accept spent nuclear fuel. 

In March 2023, the State of New Mexico enacted legislation aimed at preventing the storage of nuclear waste in New Mexico, unless the state consents. 

The Nuclear Waste Policy Act of 1982 requires the Secretary of Energy to establish a repository for the permanent disposal of high-level radioactive waste and spent nuclear fuel (SNF). The repository would be subject to licensing and regulation by the Nuclear Regulatory Commission (NRC).

Two private storage companies have submitted license applications to site, construct, and operate consolidated interim – not permanent - storage facilities in New Mexico and Texas. The NRC has already granted a license to Interim Storage Partners (ISP) in Texas and is expecting to grant a licensing decision for Holtec for the New Mexico facility today. 

The legislation also requires the U.S. Department of Energy to submit a report on possible locations, or a description of a possible siting process, for future federal consolidated interim storage facilities and repositories of spent nuclear fuel. The bill does not:

Prevent any governmental agency charged with the mission to consolidate, store, and dispose of SNF and related radioactive wastes from engaging in that mission to the extent allowed by the existing federal law.

Prevent the movement of private nuclear generator SNF from one existing (10 CFR 72-licensed) Independent Spent Fuel Storage Installation (ISFSI) to another existing (10 CFR 72 or 10 CFR 50-licensed) ISFSI.